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KERR v. VALLE

No. 92 Civ. 7150 (BDP).

903 F.Supp. 595 (1995)

Michael KERR, Plaintiff, v. New York State Trooper Miguel A. VALLE, Defendant.

United States District Court, S.D. New York.

November 3, 1995.

Attorney(s) appearing for the Case

Joseph A. Stargiotti, Maroney, Ponzini & Spencer, Tarrytown, NY, for Plaintiff.

Steven A. Morelli, Leeds & Morelli, Carle Place, NY, Vincent Leong, Assistant Attorney General, NYS Department of Law, New York City, for Defendant.

Demary Valle, Throgs Neck, NY, Pro Se.

MEMORANDUM DECISION

PARKER, District Judge.

FACTS

This action for the violation of civil rights under 42 U.S.C. § 1983 is before this court on Defendant's motion for summary judgment. Plaintiff, Michael Kerr ("Kerr"), alleges that Defendant, New York State Trooper Miguel Valle ("Valle"), used excessive and unreasonable force while arresting Kerr for a traffic violation. Kerr is seeking monetary relief.

The undisputed facts follow....

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